Super trawler heads to court as another proposal rejected

Updated
February 13, 2013 13:44:00

Seafish Tasmania has followed through on a threat to take the Federal Government to court over its decision to ban the super trawler Abel Tasman from fishing. The judicial review coincides with the Government's rejection of an alternative proposal to use the super trawler to process and freeze fish caught by smaller operators.

JOE PIRRELLO: We won't be putting any nets in the water. We're complying with his request not to go fishing. You know, it's ironic that in his opinion, not going fishing is actually worse than fishing.

REBECCA BRICE: The Government has already banned the super trawler from fishing for almost 18,000 tonnes of jack mackerel and red bait. So Seafish Tasmania sought approval to use it to process fish caught by smaller vessels.

The Environment Minister, Tony Burke, made his announcement on the ABC's Lateline program last night.

TONY BURKE: Yes, it's a new fishing activity, and yes, a whole - even though it looks like a compromise on the face of it - a whole lot of the environmental problems that we had last time are replicated again under this so-called compromise model.

So I've initiated the process tonight to go through the different methods of consultation that have to happen before I can go ahead with a fresh ban on the new proposal for the super trawler.

REBECCA BRICE: Joe Pirrello.

JOE PIRRELLO: We were extremely angry and extremely disappointed because we've made our application through AFMA, Australian Fisheries Management Authority. Australian Fisheries Management Authority have a supporting committee. That information has come back as being fully supportive, including the conservation member.

The only reservation was by we understand the recreational member. There's scientists, there's fishermen, fishing companies and fishing managers all sit on that committee and Burke has not even given the opportunity for that advice to go back to AFMA to be assessed. He's made his decision before that advice and my only thought is that he's done that because he didn't like what that advice was going to say.

REBECCA BRICE: The minister says that there's now a six week period for Seafish Tasmania to respond to his latest decision before he of course then considers another two year ban on this particular application or proposal.

Do you have any confidence that your thoughts and concerns will be taken seriously?

JOE PIRRELLO: You're joking aren't you? He hasn't considered any of our submissions seriously. We had a meeting with him a few months ago. He's offered us 20 minutes. He spent 12 of those 20 minutes telling us about himself and the fact that there was a problem within his department and the meeting should have been set up earlier. And the rest of the eight minutes was anything you want, put it in writing.

REBECCA BRICE: Seafish Tasmania brought the super trawler to Australia from the Netherlands last year. It's been docked at Port Lincoln in South Australia ever since.

Now the company's followed through on threats to take the Government to court over its original decision to ban the trawler from fishing.

It's lodged a Federal Court application for a judicial review but the full details are yet to be revealed.

JOE PIRRELLO: I think it's up to the lawyers at this present time. I think we've done as much as we can do by serving the papers. We've put our case, the court's been served and now there's a process which has to be followed and I don't want to pre-empt that decision.